WPI 380.01.01 Nuisance—Example of Modified Definition—Interference With Use of Street or Highwa...
6A WAPRAC WPI 380.01.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 380.01.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part XXI. Nuisance
Chapter 380. Nuisance
WPI 380.01.01 Nuisance—Example of Modified Definition—Interference With Use of Street or Highway
Nuisance is unlawfully doing an act, or failing to perform a duty, that [makes any street or highway dangerous for passage] [or] [obstructs or tends to obstruct any street or highway] [or] [constitutes a hazard to vehicles or persons traveling on any street or highway].
NOTE ON USE
Use this instruction, instead of WPI 380.01 (Nuisance in General—Definition), to define nuisance when the primary issue of nuisance concerns obstruction of a street or highway or a dangerous condition thereon.
The general definition of nuisance is found in WPI 380.01 (based on RCW 7.48.120). In some cases, however, sources of law other than RCW 7.48.120 may exist that furnish more specific definitions of nuisance. See the Comment to WPI 380.01 (Nuisance in General—Definition). The instruction above is an example of how to incorporate language from other applicable sources of law to define nuisance more specifically to fit the facts of a particular case.
The first bracketed clause of this instruction is based upon RCW 7.48.120, which provides in relevant part: “Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission … render[s] dangerous for passage … any … street or highway.” This is an example of a specific statutory nuisance. Other examples may be found in RCW 7.48.010, 7.48.120, and 7.48.140.
The second and third bracketed clauses of this instruction are based upon RCW 7.48.010 and RCW 47.32.130. RCW 7.48.010 provides that the obstruction of any highway is a nuisance and the subject of an action for damages and other relief. RCW 47.32.130 declares that the existence of:
Constructing a fence on an easement in violation of the county code is a nuisance per se. Littlefair v. Schulze, 169 Wn.App. 659, 278 P.3d 218 (2012).
[Current as of February 2021.]
Westlaw. © 2022 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
|End of Document|